PALSAR MOCK TEST-III

BOLD OPTION is the ANSWER

1. Who can impound an unduly stamped instrument? a) Court only b) Any public officer including police officer b) Court or public officer but not police officer d) None

2. Who shall bear stamp duty?a) Executant b) Person in whose favour document is executed c) Scribe d) Any one of them.

3. Any person receiving money exceeding Rs……./- shall give a duly stamped receipt for the same. a) Rs.10, b) Rs.30/- c) Rs.100/- d) Rs.20/-

4.The consequences of an unduly stamped document are as follows: a) Can’t received in evidence b) can’t acted upon c) can’t be Registered d) All of them

5. Which court has jurisdiction to try the offences under stamp law? a) JMFC b) JMSC c) Sessions Judge d) Civil Judge.

6. What is the purpose of registration? a) Conservation of evidence, b) Publicity of documents c) Prevention of fraud d) All of them

7.Amongst the following one is wrong : a) S.17 of registration Act talks about document required to be registered b) S.3 of the Stamp Act is a charging section c) Law provides remedy for unduly stamped document but not for  unregistered documents d) None

8.Amongst the following one is wrong a) Registering authority can verify title b) It is the duty of the registering authority to ensure that executant registering the document c) Document shall be presented for registration within four months d) None

9.Who are the persons competent to present the document for registration before SRO?a) Person executing it or claiming under it b) Representative or assignee of such person c) By the agent of such person or duly authorized power of attorney holder d) All the above.

10.What is the date from which registered document operates?  a) Date of execution b) Date of registration c) Discretion of the parties d) None

11.Who are the parties in a bill of exchange? a) Drawer, b) Drawee, c) Payee d) All of them

12.________is an instrument in writing containing an unconditional undertaking signed by the maker to pay a certain sum of money only to, or to the order of a certain person, or to the bearer. a) Promissory Note b) Cheque c) Bill of exchange d) None

13._______is generally a person, who for consideration became possessor of a promissory note, bill of exchange or cheque. a) Holder in due course b) Holder c) Payee d) All of them

14.What is the kind of relationship between Banker and Customer? a) Debtor and creditor b) Principal and agent d) Trustee and Beneficiary e) None

15.Negotiable Instrument is defined in _________. a)  Sec.13 b) S.12 c) S.11 d) None

16.What is the process by which a negotiable instrument is transferred to any person so as to constitute such person the holder called? a) Assignment b) Negotiation c) Conveyance d) Any one of them

17. Material alteration on a negotiable instrument renders it A) Valid b) Voidable c) Void d) none

18. Presumptions u/S.118 comes into play only if the a) Document is marked b) Document execution is proved c) Document contents are proved d) None

19.What are the important definitions under the A.P Rent Control Act? a) Controller b) Land lord b) Tenant d) All of them

20. Among the following one is wrong w.r.t A.P Rent Control Act:  a) To evict tenant under rent control act notice is not necessary b) To evict tenant under Transfer of Property Act notice is necessary c) The Act applies only to buildings which are age of 15 years above d) None

21.Among the following one is wrong w.r.t to A.P Rent Control Act: a) This Act has no application if building rent exceeds Rs.3500/- per month in Municipal areas b)  Civil Judge is designated as Rent controller under this Act c) Rent controller has authority to fix fair rent d) None

22.The term land lord underA.P  Rent control includes:  a) Owner of the building b) Person entitled to receive the rent c) Tenant who sub-let the building d) All of them

23.The term Tenant under A.P Rent control includes: a) Person to who pays rent b) Surviving Spouse c) Surviving Son d) All of them

24. Which section provides grounds to evict tenant under A.P.Rent Control Act?a) S.10 b) S.15 c) S.28 d) None

25.What are the grounds for Evicting Tenant under A.P.Rent Control Act? a)Denial of title of landlord  b) Willful default in payment of rents c) Bonafide requirement of the landlord d) All of them

26. Specific relief can be granted for a) Enforcing individual civil rights b) enforcing penal laws c) Both civil rights and penal laws d) neither civil rights nor penal laws.

27.A suit for possession of an immovable property u/S.6 of Specific Relief Act can be filed within     (a) 1 year of dispossession  b) 6 months of dispossession c) 3 years of dispossession d) 12 years of dispossession.

28.A suit for recovery of possession of an immovable property u/S.6 of Specific Relief Act can be filed against  (a) a private individual only   (b) a government (c) both a private individual and a government   (d) neither (a) nor (b).

 29.Burden to prove adverse possession is on a) Court b) defendant c) plaintiff   d) none of above.

 30.Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted a) if there is no concluded contract b) if there is a concluded contract c) if the compensation in money is not an adequate relief d) if there exists no standard for ascertaining the actual damages.

31.In case of specific performance of part of contract the purchaser a) may relinquish claim to further performance of the remaining part of contract and has right to compensation b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation c) specific performance of part of contract not possible d) none of above.

32.Under section 34, a declaration can be sought by a) a stranger who has no interest b) a person having a legal character or a right as to property which is denied c) a person whose legal character or right to property not denied (d) all the above.  

33.Injunctions cannot be granted in a suit a) in which the specific performance cannot be enforced b) for breach of negative contract to enforce specific performance c) for declaration where the plaintiff is in possession d) neither (a) nor (b) nor (c). 

34.Which section talks about grounds for granting perpetual injunction: a) 37 b) 38 c) 39 (d) 40.

35.Section 10 of the Specific Relief Act, 1963 provides for a) The contracts which can be specifically enforced b) The contracts which cannot be specifically enforced c) Both (a) and (b) (d) neither (a) nor (b).

36.Jurisdiction of the court to enforce specific performance of a contract is a) Absolute b) Discretionary c) General & not exceptional d) extensive.

37. Specific performance of a contract a) Will be ordered generally where damages are an adequate remedy b) May be ordered where damages are an adequate remedy c) Will never be ordered if damages are an adequate remedy d) May not be ordered if damages are an adequate remedy.

38. In which of the following cases, the specific performance of a contract will not be ordered (a) Where pecuniary compensation would afford adequate relief (b) Where the acts would require continued supervision by the court (c) Where the contract provides for personal affirmative acts or personal service (d) All the above.

39.Specific performance of contract to build or repair can be ordered (a) where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages (b) where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages (c) where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages (d) all the above.

 40.Section 9 of the Specific Relief Act, 1963 provides for (a) the grounds on which specific performance of contract can be granted (b) the defences which a person against whom the relief of specific performance is claimed may plead (c) the defences which a person against whom the relief of specific performance is claimed cannot plead (d) the grounds on which specific performance of a contract cannot be granted.

 41.Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract (a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract (b) the defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract (c) the defendant can plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court (d) either (b) or (c).

 42.An agreement to form a partnership (a) is enforced as a general rule (b) is enforced where parties have in part performance of the contract carried on the partnership business   (c) either (a) or (b)   (d) neither (a) nor (b).

 43.The propositions are :                                                                                                                               I.A contract for the sale of a patent can be specifically enforced.                                   II.A contract to assign a copyright is specifically enforceable.                                        III. An agreement to form a partnership is specifically enforceable as a general rule.  Which of the following is true in respect of the said propositions

(a) III is correct and I & II are incorrect           (b) III & II are correct and I is incorrect

(c) III & I are correct and II is incorrect   (d) I & II are correct and III is incorrect.

 45.The following section of the Specific Relief Act talks about Rectification (a) S.26 (b) S.25 (c) S.28 (d) S.29

46.The Perpetual injunction can be granted in cases of (a) contracts   (b) torts   (c) both (a) and (b)  (d) only (a) and not (b).

47. When Injunction can be refused? a) To restrain any person from applying to any legislative body. (b) To restrain any person from instituting or prosecuting any proceeding in a criminal matter; (c) To prevent the breach of a contract the performance of which would not be specifically enforced; D) None

48. Easement arises in …… Kind of Property a) Movable b) Immovable c) Both d) None

49. Hindu Marriage Act doesn’t applicable to the following? a) Christian b) Muslim c) Schedule Tribe notified by the president in Art.366(25) of COI d) All

50.Under section 3 of Hindu Marriage Act, a rule can be a ‘custom’ or usage       (a) If it is certain & not unreasonable        (b) If it is not certain but reasonable (c) If it is neither certain nor reasonable    (d) If it is either certain or reasonable.

51.Under the Hindu Marriage Act, the Sapinda relationship extends in the line of ascent, to (a) two degrees through the mother and three degrees through the father (b) three degrees through the mother and four degrees through the father (c) three degrees through the mother and five degrees through the father (d) five degrees through the mother and seven degrees through the father.

52. Propositions are 

I.A void marriage remains valid until a decree annulling it has been passed by a competent court. II.A void marriage is never a valid marriage and there is no necessity of any decree annulling it.     III. A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court.  In respect of the aforesaid proposition which is correct 

(a) I and III are correct and II is incorrect     (b) II & III are correct and I is incorrect              (c) I, II & III all are correct                           (d) I & III are incorrect but II is correct.

53. Which among the following is void marriage? a) Bigamous b) Within the prohibited degree relationship c) Within the sapinda relationship d) none

54.A wife left to her parental house without informing her husband the remedy available to her husband to get her back is : a)Divorce b) Judicial separation d) Restitution of Conjugal Rights e) All

55.Whether husband leaving at her parental house and left for USA and stayed there for five years is it a ground for Divorce? a) Yes b) No    c) Discretion of the court d) Discretion of the parties

56. Spouse Suffering with incurable form of leprosy is it a ground for divorce? a) Yes b) No c) Discretion of the court d) None

57. Wife converted to other religion, is it a ground for divorce? a) Yes b) NO c) Discretion of the court d) None

58.A pre-marriage agreement to live separately is (a) void  (b) voidable  (c) valid  (d) invalid.

59.A post-marriage agreement to live separately in future is (a) void   (b) voidable   (c) valid   (d) invalid.

60.After the passing of a decree for judicial separation, co-habitation is (a) obligatory    (b) not obligatory   (c) directory   (d) either (a) or (c).

 61.A petition for judicial separation lies (a) If the marriage is void    (b) If the marriage is valid (c) If the marriage is either void or voidable  (d) If the marriage is invalid.

62. During judicial separation the (a) Parties continue to be husband & wife but marital rights and obligations are suspended (b) Parties continue to be husband & wife and the marital rights & obligation remain infact (c) Parties continue to be husband & wife and may suspend or may not suspend the marital rights & obligations    (d) Parties cease to be husband & wife.

 63.Under section 10 of Hindu Marriage Act, 1955 the grounds for judicial separation are (a) the same as the grounds for divorce   (b) different from the grounds for divorce (c) neither same nor different from the grounds for divorce  (d) all the above.

64. Amongst the following one is WRONG? a) Maintenance Pendent elite is provided u/S. 24 Hindu Marriage Actb) Permanent Alimony is provided u/S. 25 Hindu Marriage Act c) Divorcee can remarry after the period for preferring appeal against the divorce decree has been expired or if appeal is preferred after dismissal of appeal. D) None

65.Both wife and husband acquired property when they were living together can the court can pass a partition order in a petition under Divorce? a)Yes b) No c) With the consent of the parties d) Discretion of the court

66.Whether divorce application can be filed within one year of marriage? a)Yes, b) No c) With the leave of the court, it can be filed d) None

67.Husband convicted  for offence S.……… IPC, entitled wife for divorce?a)S.302 b) 304 A c) 377 d) Any one of them

68.What is the effect of Marriage if a material fact is suppressed?A) Void b) Voidable c) Valid d) None of the above

69.What is the time limit for preferring petition under Sec. 12  of Hindu Marriage Act  a) Two years b) One year c) Three years d) No time limit

70.Amongst the following one is WRONG?a) The court pass a decree of judicial separation in a petition for Divorce.b) The court can grant custody of children in the proceedings under Hindu Marriage Actc) Even there is a custom of 2^nd marriage in Hindus, it is void d) None

71. License is defined S….. of Easement Act(a) 53   (b) 52  (c) 51  (d) None

72. The following easement is granted by law(a) Necessity (b) Prescription (c) A & B  (d) None

73. Easement can be acquired by way of (a) Custom   (b)Contract    (c) Law   (d) All the above

74. S.15 of easement Act is not applicable to :a) Pathway b) Right to getting light or air c) Open space d) None

 75.Hindu Marriage Act and Hindu Succession Act don’t apply to:a) Sikh b) Buddha c) Parsi d) Jain

76.If a person disputes applicability of Hindu Laws to him burden to prove it ….a) Upon that person b) His opponent c) On court d) All of them

77. Amongst the following one is wrong:   a) Descendants from a common ancestor through different wives are called Half Blood  b) Descendants from a common ancestress through different husband are called Uterine Blood relatives  c) Descendants from a common ancestor and a wife are called as Full Blood relatives d) None

78. In case of succession who has to be given preference a) Full Blood, b) Half-blood b) Uterine blood c) None

80.Amongst the following one is wrong:  a) As per S.6 of the Hindu Succession Act, the Share of a Coparcenar devolves upon his heirs by way of Survivorship.  b) As per S.8 the self acquired property of Hindu Male devolves under the rules mentioned in it. c) Daughter of a coparcener became entitled to share in coparcenary by virtue of amendment to Sec. 6 in the year 2005. d) None

81.An unmarried Hindu died leaving behind mother and father only and as such who takes the property? a) Mother b) Father c) Both d) None

82.Among the following one is wrong?  a) A child in womb gets right in the property of its father b) A Hindu widow got a plot in lieu of maintenance and as such it is her Self Acquired property c) The concept of Pious obligation is deleted d) None

83.Among the following one is wrong? a) Succession Act deals with intestate succession b) If the will is not proved, property of the deceased must be distributed as per Succession Act b) Co-Sharer has a preferential right over the property   d) None

84.Amongst the one is not eligible for succession? A) Murder b) Converter to another religion c) HIV Patient d) All

85.Among the following one is wrong? a) In the absence of legal heirs government would take the property subject to liabilities b) Law presumes elder died earlier in the event of doubt between about their time of death c) If partition is effected all the heirs take the property like Tenants in Common (S.19) d) None

86.Among the following one is wrong? a) 2^nd wife has no legal status b) Illegitimate child entitled to self-acquired property of father c) Illegitimate child entitled to Co-parcenery property of father d) None

87.Among the following one is wrong? a) Agnates are person related through males b) Daughter is barred from claiming partition with brothers in respect of dwelling house c) Daughter is a coparcener d) None

88.Amongst the following one is right? a) Plea of limitation shall be specifically raised by the defendant b) Defendant can excuse the Plaintiff to continue the suit after limitation c) Court has to consider the plea limitation though it is not raised by defendant  d) None

89. Amongst the following one is right? a) Upon expiry of time limitation, right extinguishes b) Upon expiry of limitation, claim bars c) There is no time limitation for execution of mandatory injunction d) None

90. S.5 Limitation Act doesn’t apply to: a) Suits b) Appeals c) Applications d) none

91. Amongst the following one is Wrong? a) If the last day happens to be a holiday suit can be filed on the next working day b) If the advocates abstain from attending work, suit can filed on next working day c) Disability doesn’t come in way once time limitation starts. d) None (Question revised)

92. The following time period shall  not be excluded from counting a) Time taken for obtaining certified copies of award, Judgment, Decree b) Day of Judgment shall be excluded. c) Time taken for obtaining leave to sue as an indigent person d) None

93. Under following circumstances time limitation revives: a) Acknowledgment of debt within the time period b) Acknowledgment of debt after the time period c) Part payment of debt after the time period d) None

94. Amongst the following one is right? a) 18 Limitation Act and S.25(3) Contract Act are one and the same b) S.18 Limitation Act and S.25 (3) Contract Act are two different concepts c) S18 shall be in writing and S.25 (3) Contract Act can be oral also d) None

95. Amongst the following one is right? a) Time taken for obtaining sanction from Government shall be excluded b) If a party is impleaded during the progress of suit limitation has to be reckoned from date on which he is impleaded or from any other date as the court orders. c) Suit for recovery of possession of immovable property is dealt under Art. 64& 65 d) None

96.What is time limitation to file suit for specific performance ? a) Three years from the date of due b)  Three years from the date of refusal if there is no time fixed.  c) Date of contract  d) Six years.

97What is the time limitation for action for libel? A) Two years, b) Three years c) One year d) None

98.Among the following one is wrong? a) If the special act provides time limitation, it prevails over Limitation Act. b) The time period in case of Suit for cancellation of document is counted from the date of knowledge c) Suit for setting aside sale of joint family property is 109 Twelve Years. d) None

99. Among the following one is wrong w.r.t A.P. Encroachment Act a) It applies to government properties only b)  Tahsildhar is competent authority and civil court has no jurisdiction under this Act. d) Appellate authority is Revenue divisional authority. D) None

100. A rights which restricts the exclusive enjoyment ……a) Lease b) Easement c) Sale d) Mortgage

Dear Aspirants for Jr.Civil Judge Post (High Court of Hyderabad),

We hereby inform that there are only thirty four posts and as such only three hundred around can appear for Mains exam.     Thus, this time competition is very tough.   Hence, PALSAR, conducts three mock tests with more seriousness and don’t get worried if you find it to be tough.  The object of these mock tests are to inform you about serious areas where much concentration is required.  We will post answers tomorrow only.   These three tests are organized in the following style.